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    <title>2023 (5) TMI 42 - Supreme Court</title>
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    <description>Advance Authorisation conditions for IGST and compensation cess exemptions were upheld as a valid fiscal restriction: the pre-import requirement and physical export linkage were not arbitrary, and the Court found no violation of Article 14 or the scheme of Advance Authorisation. The Court also held that the later deletion of the pre-import condition could not operate retrospectively, as amendment power under the foreign trade framework did not include implied retrospectivity. The earlier condition therefore remained enforceable for the period it was in force, and the exporters&#039; challenge failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=437235</link>
      <description>Advance Authorisation conditions for IGST and compensation cess exemptions were upheld as a valid fiscal restriction: the pre-import requirement and physical export linkage were not arbitrary, and the Court found no violation of Article 14 or the scheme of Advance Authorisation. The Court also held that the later deletion of the pre-import condition could not operate retrospectively, as amendment power under the foreign trade framework did not include implied retrospectivity. The earlier condition therefore remained enforceable for the period it was in force, and the exporters&#039; challenge failed.</description>
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